The Bill has been passed by the Legislative Assembly and
Legislative Council and is awaiting the assent of the
President.

Objectives:

To repeal MOFA 1963, from the appointed day (s.56).

To provide relief to flat purchasers against malpractices and
difficulties.

To establish a Housing Regulatory Authority and Housing
Appellate Tribunal.

To remove information asymmetry by ensuring full disclosure and
compliance.

To usher in transparency

To promote planned and healthy development.

To facilitate smooth and speedy construction and
maintenance.

Sec.3 (2) Disclosures to be made by
Promoter.

A Promoter who intends to construct or is constructing or
constructs a block or building or flats which is not for personal
use, shall, in all transactions be liable to give or produce the
information and the documents specified and as may be prescribed.
(Flat is defined in Clause 2(m) as including residence, office,
showroom, shop or godown)

This refers even to "is constructing", i.e. all
ongoing constructions, even though they may have begun earlier. (a)
Promoter shall make full and true disclosure of the Title, which
should have been certified and which should have been duly entered
in the Property Card or Village Forms VI or VII and XII or any
other relevant revenue record.

If land is owned by another, the registered copy of the
agreement or Power of Attorney shall also be disclosed.

(b) All encumbrances and rights of others to be disclosed.

(c) Full and true disclosure of Promoter's enterprise
details, such as name, registered addresses, type of entity,
registration details etc.

(d) Names and addresses of architects, structural Engineers and
Contractors including turn-key contractors, if any, retained shall
be disclosed.

(e) disclose the information relating to number and size of
plots, layout plan, carpet area, utility area, FSI/TDR/additional
FSI consumed, limited common area and facilities and common area
and amenities and facilities of the lay out proposed.

(f) Give inspection with 7 days notice or demand of the
plans/structure, design and specification, duly certified by an
Architect till they are approved; and after approval, such approved
plans and specifications.

(g) to disclose the building-wise time schedule of completion
of the Phase of the project, which shall always be subject to force
majeure event.

(h) Disclose the time schedule for connecting the project with
the Municipal services, such as sewerage, water supply,
electricity, drainage etc. but subject to force majeure.

disclose the nature of fixtures and fittings with regard to the
flooring and sanitary fittings, lifts, brand of the items of
fixtures, fittings and lifts if they are branded, or otherwise
price range of the items if not branded.

(j) disclose on reasonable notice or demand, if the Promoter is
the builder, the design, type of concrete, materials used,
technology such as pre-fab, pre-cast, earthquake resistant etc. If
the Promoter is not himself a builder, disclose all written
agreements and details of oral agreements, with architects,
structural engineer and Contractors including only turn-key
contractors regarding design, materials and construction.

(k) specify in writing the date by which possession is to be
handed over.

(l) Prepare and maintain a list of flats with numbers, built or
to be built.

(m) prepare and maintain the list of parking spaces provided or
to be provided and identified by separate numbers.

(n) state in writing the nature of the organization to which
Title is to be passed and the terms and conditions thereof.

(o) Display or keep all the documents at the site and at the
promoter's registered office and permit inspection thereof to
persons intending to take flats.

(p) Disclose names and addresses and contact numbers of agents,
property dealers, brokers or middlemen by whatever named called,
duly authorized by the Promoter.

(q) Give such other information and documents as may be
prescribed.

Sec.3(3) In the case of a layout, in addition,
the Promoter shall disclose:

The phase-wise layout plan of the housing project.

The plan of the phases of the development work in which flats
for sale are marketed in the project.

Details of common areas, amenities and facilities of the phase
of the layout.

Aggregate area in sq.meters of the parks, recreational grounds,
gardens and playgrounds.

Sec.4(1) Every promoter shall make an
application to HRA for registration of its project and for
displaying the project on the website of the HRA and shall pay the
fees prescribed, which shall not exceed Rs.50,000/-

Provided that no registration and display shall be required for
the following:

If land in a project or phase is upto 250 sq.mt.

When the total number of flats or apartments proposed to be
developed into the project including all Phases is less than
5.

Where the Promoter has received O.C for the building of phase
prior to this Section coming into force.

Where the project is for renovation, repair or reconstruction
or redevelopment project which does not involve fresh or new
allotment of flats or marketing or sale.

Explanation.

For the purpose of this Act, where any project is proposed to
be marketed and sold in phases, then every such phase shall be
considered an independent project.

If a single purchaser of all the flats in a project registered
by HRA intends to dispose of such flat by sale or otherwise, then
such single purchaser shall also be able to register and display
the project under this Act.

Sec.4(2) The Promoter shall include documents
as under:

Chartered Engineer's or Chartered Architect's Self or
architect's authenticated copy of the proposed development of
each Phase of the project.

Proof of submission of plan for approval of the local
authority. The approval and sanction shall be uploaded within 72
hours of obtaining the same from the local authority.

Sec.4(3) The HRA shall within 7 days of
receiving an application register and allot a password to the
Promoter for access to the website of the HRA.

Sec.5(1). No Promoter shall start any
transaction including sale or marketing in a new project or phase
without displaying such flats on the website.

For ongoing projects where the O.C. is yet to be obtained, a
Promoter shall make an application to HRA for registration within
the period prescribed.

Sec.5(2). Such percentage as may be prescribed,
upto a maximum of 10% of each building shall be treated as
"Retained Flats" and the details of such flats shall be
shown on the website. The marketing and sale of these flats shall
be done only after receipt of the OC or BCC of that building.

Sec.6. The Promoter shall, on receiving the
password from the HRA through a system of self entry access the
website and enter the details within the prescribed period.

Sec.7. The HRA may, after giving a hearing,
cancel the registration of a Project in the event it is finally
declared by a Court of Law that the agreement under which the
Promoter derives the right to the land, is invalid. 7 (2) Upon
issuing the order of cancellation, HRA shall debar the Promoter
from accessing the website in respect of the cancelled project.

Sec.8. No Promoter shall issue or publish an
advertisement or prospectus offering for sale or otherwise any flat
or inviting advance payments or deposits without displaying on the
HRA website.

Sec.9(1) Upto 20% advance can be accepted by
the Promoter. Registration of agreement compulsory to accept more
than 20%. 9(2) Agreement to contain particulars and have documents
attached.

a) Particulars.

The plans and specifications approved.

Date by which possession is to be handed over.

Carpet area.

Extent of utility area.

The price of the flat including proportionate price of the
limited common areas and facilities and parking spaces which should
be shown separately to be paid by the purchaser and the intervals
for instalments.

Allotment of fixed parking space to purchaser, provided that no
parking spaces shall be allotted in minimum open space.

Nature of organization to be constituted.

Nature, extent and description of limited common areas and
facilities.

Aggregate area of park, garden, recreation ground and
playground proposed in the layout.

Nature and extent and description of common areas and amenities
and facilities of layout.

Statement of use for which the flat is intended and
registration on its use.

Percentage of undivided interest in the limited common areas
and facilities.

b) Documents and Certificate of Title.

Certificate of Title by an Advocate under section 3(2)(a).

Property Card or Village forms or other relevant revenue record
showing the nature of the title.

Plans and specifications approved.

Section 9(3) – Agreement for Sale must be
registered by the Promoter or a duly authorized
representative.

If the person who has executed does not appear before the
Registration Officer, a summons shall be issued under Section 36 of
the Registration Act requiring the executants to appear either in
person or by duly authorized Power of Attorney holder. If the
executants fail to appear, the document shall be deemed to be
admitted and shall be registered. If the executants appear but deny
execution, there shall be a hearing and the Registrar may register
or not.

Section 10 – Effect of
non-registration.

If an agreement remains unregistered, then notwithstanding
anything contained in any law of judgment, decree or order, it may
be received as evidence of a contract in a suit for specific
performance under the Specific Relief Act, 1963 or as evidence of
part performance of a contract or as evidence of any collateral
transaction not required to be effected by registered
instrument.

Section 11(1) – Responsibilities of
Promoter

If a person makes an advance or a deposit on the basis of an
advertisement or prospectus and sustains any loss by reason of any
wilful untrue statement, he shall be compensated by the
Promoter.

If the purchaser withdraws from the project on account of wilful
untrue statement, the investment shall be returned along with
interest at the prescribed rate but not exceeding 15% p.a.

Section 11(2) – Promoter shall take all
measures provided in Schedule 1 for protection and safety of a
building.

Section 11(3)) – Promoter must obtain OC
or BCC and give a copy to the flat purchasers individually or to
the co-operative society or collective body.

Section 11(3)(b) – Promoter shall not
allow persons to take possession until the OC or BCC is given and
no person shall take possession until then.

Section 11(4) – After possession of the
flat is handed over to the purchaser, he "shall not be
permitted to carry out any additions or alterations in the
flat" and "the promoter shall not be responsible, if
additions and alterations are done in the flat" by the
purchaser "in violation of the building regulations".

Section 11(5) – Essential services such
as water supply, electricity, light in passages, lift, sanitary
services shall be provided and such services shall not, except with
notice, be cut off or curtailed. Responsibility is of service
provider. Promoter shall not be responsible.

Section 11(5)(ii) – Details of essential
supplies and services shall be kept by the Promoter in the form of
a statement and made available to the purchasers.

Section 11(5)(iii) – If the purchaser
fails to pay the outgoings to the promoter for more than three
months, the promoter may approach the Competent Authority, who,
after 7 days notice, may cut-off, withhold or in any manner curtail
or reduce any essential supply or service.

Section 11(6) – Redevelopment
Project. This Act shall apply only to open market sales
and not for rehab flats, which shall be governed by other
applicable statutes.

Section 12 – The Promoter shall maintain
a building-wise separate account in any Bank of sums taken,
deposits including for share capital, outgoings, ground rent,
taxes, water charges etc. and shall hold and disburse the
moneys

for those purposes, make full disclosure of all transactions to
a State Government officer.

The Promoter shall also follow the instructions in Schedule II.
Accounts must be audited by a Chartered Accountant.

Section 13 – Outgoings. Promoter may
collect from purchasers for payment of outgoings and it shall be
Promoter's responsibility to pay the outgoings until he
transfers the property to the purchasers or to the organization of
such persons. If he has not paid, he shall continue to be liable
even after the transfer of property, to pay such outgoings and
penal charges.

Section 14(1) – No alterations or
additions without consent after plans are disclosed.

(1) If single building:

Any alteration in the structure in respect of any flat requires
consent of that purchaser;

Any additional floors or wings – consent of all persons
or purchasers in the building or wing. However, no consent for
changes required by Government or due to change in law or which are
disclosed in the agreement.

(2)(a) Layout or township, after plans are approved and
disclosed to purchaser,

Any alteration of a flat requires consent of that
purchaser

Any additional floors or wing requires consent of all
purchasers in that building or wing.

Any modification in the location of the recreation ground or
garden requires the consent of the persons who have agreed to take
flats on the basis of the disclosure of the location and such fact
is mentioned in the Agreement.

(b) modification in the layout of the recreation grounds or
garden etc. can be made in accordance with the DC Regulations for
the utilization of the full development potential.

(c) In case of development of a layout or township, the Promoter
shall be entitled to further construction of any new building after
obtaining approval. However, the Promoter shall not reduce the
approved compulsory open spaces or the aggregate area of
recreational grounds without the consent of all purchasers, except
if consent is required by the authorities or by law.

Section 15 – Defects to be rectified
within five years. Disputes to be referred by HRA to the Executive
Engineer or a higher officer of State Government.

Section 16 – Effect of non-completion of project
- If the Promoter fails to give complete construction and
obtain OC by the date specified or any further date agreed by the
parties or as may be decided by the HRA, then after giving a
hearing, the HRA may pass an appropriate order to enable completion
of construction and obtain OC. Such order may provide for (i)
formation and registration of a legal entity of 60% of the flat
purchasers who have come before the HRA (ii) appointment of the
legal entity as an escrow agent for taking over the possession
(iii) directing the Competent Authority to transfer the Retained
Flats in the name of the escrow agent (iv) authorizing the escrow
agent to appoint contractors, consultants and other agencies
required to complete the construction and obtain OC. Stamp duty
shall not be payable on Retained Flats being transferred to the
escrow agent under the order of the HRA. 16(b) If the Promoter for
reasons beyond his control, is unable to give possession of the
flat by the date specified or a further agreed date and a further
three months and three months, then the Promoter shall be liable to
refund the amount received with interest at the prescribed rate and
penalty as may be determined by HRA.

Section 17 – No mortgage etc. No Promoter
shall after executing an Agreement of Sale, without the previous
consent of the purchaser, mortgage a

flat and if any such mortgage or charge is created after
registration of the agreement, it shall not affect the rights and
interest of such persons.

(1) If single building - Promoter shall apply for registration
of co-op. society or company or other legal entity within four
months from the date of the OC or if minimum 60% of the flat
purchasers have taken possession or the Promoter has received full
consideration and other amounts for the same, whichever is
earlier.

2(a) Separate Co-op.Soc. etc. to be formed for each building or
wing.

2(b) If separate Co-op. Societies etc. have been formed, then
the Promoter shall form and register an Apex Body or Federation
consisting of all such entities in the layout, within the period
prescribed.

(2)(a) If Layout – separate co-op. societies or companies
etc. for each building or wing, to be applied for within four
months from the date of the OC or possession given to 60% of flat
purchasers, whichever is earlier.

4. If Condominium – then the Promoter
shall inform the Registrar immediately after execution of
Declaration and then it shall not be lawful to form a co-op.
Society or Company.

5. If Promoter fails to register Co-op. Society
or Apex Body or Federation the Competent Authority may direct the
Registrar of Co.op. Societies to register the Society, Apex Body or
Federation.

Section 18(5) (b) – Before giving a
direction to form a society or apex body or federation, the
Competent Authority must verify the authenticity of the applicants
and give the Promoter a hearing.

Section 19 – Promoter shall normally
execute the Conveyance within four months of formation of society
or company. In the case of condominium, a Deed of Apartment shall
be executed within four months of possession.

Section 19(2) – Layout Conveyance shall
only be in respect of the structures of the buildings in which a
minimum number of 60% of the flats have been sold, along with FSI
consumed in such building, subject to the right of the Promoter to
dispose of the remaining flats, if any, and receive the entire
consideration due. The Conveyance shall be subject to the right to
use the internal access roads, recreation area developed in the
layout and the open spaces allotted for such buildings. Provided
that, notwithstanding anything contained in this Act or in any
agreement or judgment or other law, the Promoter shall be entitled
to develop and continue to develop the remaining layout land with
the right to use the internal access roads and all the facilities,
amenities, services etc. in the layout and to construct any
additional structures thereon by consuming the balance FSI and
TDR-FSI and any future increases. However, subsequent to Conveyance
if there is an increase in FSI, of the plot in a layout, subsequent
to conveyance of a structure, then it shall belong proportionately
to the organization of flat purchasers. It shall not be necessary
for the promoter to obtain any consent or permission from the
organizations in the said layout land, to utilize FSI and/or
TDR-FSI and/or additional FSI.

Section 19(3) - Where the title of the Promoter
is in respect of the entire undivided or inseparable land
underneath all such buildings in a layout, then the conveyance
shall be executed after forming the Apex Body or Federation.

Section 19(4) – Promoter shall file with
the Competent Authority a copy of Conveyance. If the Conveyance is
not executed, the purchasers or the society

or Apex Body etc. may apply to the Competent Authority for a
unilateral deemed Conveyance and the same may be registered.

Section 19(5) – Within six months of an
application, the Competent Authority may certify that it is a fit
case for enforcing unilateral execution of Conveyance Deed as
deemed conveyance and shall issue a certificate to the
Sub-Registrar, who shall register it. An appeal may be filed
against the order of the Competent Authority to the Housing
Appellate Tribunal (HAT).

Section 19(7) – Upon the Conveyance or
unilateral deemed Conveyance, the organization shall be entitled,
in any reconstruction/redevelopment, to the FSI, TDR-FSI and/or
additional FSI consumed and proportionate share in increase as per
sub-clause (1) above and shall be entitled to the portion of land
allocated to such building, without prior permission of the
Promoter..

Section 19(8) – A layout plot/land shall
be conveyed to the apex body or federation subject to the right of
the promoter to dispose of the remaining flats and to receive the
payment of outstanding dues. If additional FSI becomes available
after the Conveyance, then such additional FSI shall be apportioned
to the respective legal entities.

Section 19(9) – The Apex Body shall
manage and administer the common areas and facilities without
having a legal interest in the buildings.

Section 20 – General liabilities of flat
purchaser. Every purchaser shall pay the price and
proportionate taxes, water and electricity charges etc.

Section 20(2) – Contravention of
sub-section (1) shall be punishable with fine which may extend to
the amount defaulted.

Section 21 – Competent Authority. The
State Government may, by notification, appoint an officer not below
the rank of District Deputy Registrar of Co-operative Societies to
be the Competent Authority.

Section 22 – Establishment of HRA. HRA
shall be a body corporate, having perpetual succession and a common
seal and may acquire, hold and dispose of property both movable and
immovable and may contract and sue or be sued. Section 23
– Composition of HRA. Chairperson and two or more
members who have special knowledge of and professional experience
in public administration, urban development, housing, finance, law
or management.

Section 29 – Functions of HRA.

To ensure compliance of obligations upon Promoters and
allottees;

Enquiry into compliance;

To levy fees and charges;

(iv) To report matter to the appropriate authority for taking
action against the Promoter or an allottee for commission of any
offence under any law in force.

(v) To host and maintain a website of records of all projects
within its jurisdiction;

(vi) To take measures under section 33, i.e. for planned
development and promotion of housing.

(vii) Perform such other functions relating to housing projects
as may be entrusted to HRA;

(viii)To make recommendations in relation to DC Regulations,
changes in FSI and other related matters;

(ix) Recommendations are not binding and the State Government
shall take final decisions.

Section 29(2) – Upon receiving a
complaint application, HRA shall, after enquiry and hearing, pass a
reasoned order within three months or such further time as found
appropriate by HRA.

HRA shall not enter into adjudication of restrictive
practices.

Section 29(3) – A dispute shall be heard
by a single member of HRA on all matters other than those under the
Competition Act, 2002.

Section 30 – HRA may call upon any
Promoter to furnish in writing information and explanations with
regard to compliances.

b) direct the Promoter to produce books of account or other
documents relating to the project or flat.

Section 31- HRA may issue directions to
Promoters, purchasers and organizations and such directions shall
be binding on all concerned.

Section 32- Powers of HRA: Upon cancellation of
registration under section 7(i) HRA shall prohibit the Promoter
from marketing and selling of flats constructed for the project of
which the registration is cancelled.

Section 33- Measures to be taken by HRA for
planned development and promotion of the Housing sector:

HRA shall take all possible measures for growth and promotion of
a healthy, transparent, efficient and competitive real estate
market, and shall:

(1) Evolve consensus amongst Government and other bodies to
follow, on mandatory basis structural safety norms;

(2) suggest to the State Government to establish a framework of
standard procedures and norms for speedy processing and grant of
planning permissions;

(3) promote the rating of real estate projects and of
promoters;

(4) on behalf of the real estate sector take up with the
Government, financial institutions and other's issues such as
easy access to credit or home loans, land title Certification
system, registration procedure, maintenance of properties,
statutory framework for equitable and balanced relationship between
Promoters and purchasers;

(5) promote construction of environment friendly or green
buildings and conservation of water;

(6) promote standardization and use of proper construction
material and techniques; Section 34-HRA shall be
guided by the principles of natural justice and shall regulate its
own procedure. It shall have the powers of a Civil Court and may
summon and enforce attendance etc.

Section 36-Housing Appellate Tribunal shall be
set up by State Government. It shall have a Chairperson and not
more than two persons appointed by the State Government.

Section 40-Appeal may be filed against any
order or decision of HRA, within sixty days of the date of the
Order and shall as far as possible be decided in 60 days.
Section 42-Appeal to High Court.

Section 44-Punishment for non-registration of
the project shall be upto Rs.1,000/- per day of default.

Section 46- If a flat purchaser or an
organization contravenes the provisions of the Agreement for Sale,
including non-payment of any amounts or charges, he shall be liable
to pay a penalty of upto Rs.10,000/- or 1% of the sale price,
whichever is higher.

Section 47- Any person who willfully fails to
comply with an order of HRA or HAT shall be liable to imprisonment
of upto 3 years or penalty of upto Rs.10 lakhs or both.

Section 48-Any person other than the Promoter
failing to comply with this Act or Rules or not paying penalty
imposed by HRA, shall be liable to penalty of upto Rs,50,000/-

Section 53- The provisions of this Act shall be
in addition to the Transfer of Property Act and shall override
contracts to the contrary.

Section 54-This Act shall not apply to the
MHADA Authority or to Boards under MHADA.

Section 56 – MOFA shall stand repealed on
a date to be notified.

SCHEDULE I- ( Section 11(2) )

Measures for protection and safety of property to be taken by
the Promoter. The Promoter, the Architect and the Engineer shall
comply with measures for safe construction etc. II.Measures for
insurance.

SCHEDULE II-

Promoter to maintain building-wise separate accounts in any
Scheduled Bank of the sums taken by him towards maintenance and
outgoings, including for formation of Co-operative Society
etc.

Outgoings payable for the maintenance of layout land and Club
House etc. shall be maintained in a separate account.

Promoter shall hold the sums for the purposes for which they
were given and shall make full and true disclosure to the HRA or to
the Purchaser individually or collectively of all transactions in
respect of their account.

Promoters responsibility is till transfer of management to the
Society etc. The Promoter, who has collected money for outgoings
shall pay all such charges till the amounts are fully depleted. Any
balance remaining shall be handed over to the Society or apex body
etc.

If the transfer of management from the promoter to the Society
etc. - Such payment shall be made to the organization. The transfer
of management shall be only if the Promoter is received all
outstanding dues from the purchaser, and after the transfer of
management of the building and/or let out land. Thereafter the
organization shall maintain the building and/or the land. The
Promoter shall keep the balance in a separate account and shall be
entitled to raise bills for further amounts.

Refund of amount - If a Promoter fails or unable to give
possession in accordance with the Agreement or on account of
cancellation of its registration, he shall be liable without
prejudice to other remedies to refund the amount together with
interest @ 15% p.a. and penalty as decided by the HRA. HRA may
inspect the accounts or records of the Promoters. IV. Inspection of
accounts or records of sums taken for and on behalf of flat
purchasers.

Disclaimer: The material contained herein is
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The Maharashtra Real Estate Regulatory Authority (the Maha RERA or the Authority) had vide its circular dated 11 May 2017 bearing Reference No RERA/LA/32/2017 (Co‑Promoter Order) defined the term "Co‑Promoter".

The recent landmark judgement of the Hon'ble Supreme Court in Lanco Anpara Power Limited v State of Uttar Pradesh & Ors rendered in Civil Appeal No 6223 of 2016 has put to rest the long contested issue of . . .

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pages that users are viewing and the personal information users provide to us
(e.g. email addresses) to reputable contributing firms such as law firms who
author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us
not to disclose your details to any of these parties, please tick the box above
or tick the box marked "Opt out of Registration Information Disclosure" on the
Your Profile page. We and our author organisations may only contact you via
email or other means if you allow us to do so. Users can opt out of contact when
they register on the site, or send an email to unsubscribe@mondaq.com with “no
disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate
registration form. This is a personalised service where users choose regions and
topics of interest and we send it only to those users who have requested it.
Users can stop receiving these Alerts by going to the Mondaq News Alerts page
and deselecting all interest areas. In the same way users can amend their
personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an
identifying user number. The cookies do not contain any personal information
about users. We use the cookie so users do not have to log in every time they
use the service and the cookie will automatically expire if you do not visit the
Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to
personalise a user's experience of the site (for example to show information
specific to a user's region). As the Mondaq sites are fully personalised and
cookies are essential to its core technology the site will function
unpredictably with browsers that do not support cookies - or where cookies are
disabled (in these circumstances we advise you to attempt to locate the
information you require elsewhere on the web). However if you are concerned
about the presence of a Mondaq cookie on your machine you can also choose to
expire the cookie immediately (remove it) by selecting the 'Log Off' menu option
as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example,
advertisers). However, we have no access to or control over these cookies and we
are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement,
and gather broad demographic information for aggregate use. IP addresses are not
linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or
its affiliate sites) are not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our site and to read
the privacy statements of these third party sites. This privacy statement
applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or
contests. Participation in these surveys or contests is completely voluntary and
the user therefore has a choice whether or not to disclose any information
requested. Information requested may include contact information (such as name
and delivery address), and demographic information (such as postcode, age
level). Contact information will be used to notify the winners and award prizes.
Survey information will be used for purposes of monitoring or improving the
functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our
site, we ask them for the friend’s name and email address. Mondaq stores this
information and may contact the friend to invite them to register with Mondaq,
but they will not be contacted more than once. The friend may contact Mondaq to
request the removal of this information from our database.

Emails

From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

Security

This website takes every reasonable precaution to protect our users’
information. When users submit sensitive information via the website, your
information is protected using firewalls and other security technology. If you
have any questions about the security at our website, you can send an email to
webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode),
or if a user no longer desires our service, we will endeavour to provide a way
to correct, update or remove that user’s personal data provided to us. This can
usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will
post those changes on our site so our users are always aware of what information
we collect, how we use it, and under what circumstances, if any, we disclose it.
If at any point we decide to use personally identifiable information in a manner
different from that stated at the time it was collected, we will notify users by
way of an email. Users will have a choice as to whether or not we use their
information in this different manner. We will use information in accordance with
the privacy policy under which the information was collected.

How to contact Mondaq

If for some reason you believe Mondaq Ltd. has not adhered to these
principles, please notify us by e-mail at problems@mondaq.com and we will use
commercially reasonable efforts to determine and correct the problem promptly.

By clicking Register you state you have read and agree to our Terms and Conditions